School dress codes have been a topic of debate between students, parents and administrators for decades. While students have sought out avenues for free expression and individuality through their attire, many schools have instituted these policies in an effort to minimize classroom distractions, reduce emphasis on students’ socioeconomic disparities and keep schools safe.
Nearly 20% of public schools in the 2019-2020 school year required students to wear a uniform and 44% enforced a “strict” dress code, according to the National Center for Education Statistics.
Often schools ban items like hooded sweatshirts, baggy coats or jackets and caps, saying these items make it easier for students to hide drugs or weapons, or harder for staff to identify students. Everyday attire like sweatpants, athletic shorts and leggings are also frequently prohibited.
And while the reasons for instituting dress codes often revolve around equity and safety, research shows these policies affect students unequally, with girls and students of color disproportionately facing consequences. In many cases, enforcement makes these students feel less safe, not more.
A new report from the Government Accountability Office found that schools that enforce strict dress codes enroll predominantly Black and Hispanic students. The report also found that dress codes “more frequently restrict items typically worn by girls” and that “rules about hair and head coverings can disproportionately impact Black students and those of certain religions and cultures.”
“I think that the schools where we see the over-policing of dress and the enforcement of dress codes, it’s not surprising that those are mostly students of color,” says Courtney Mauldin, an assistant professor of educational leadership in the teaching and leadership department at the Syracuse University School of Education. “There’s a lot of traditional, antiquated ideas around what it has to look like to do school. And I think people have good intentions, but they’re very slow to change when it rubs up against what they’ve known.”
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The result of these policies, the report found, is that this subset of students often faces more disciplinary action related to their attire, which in turn causes them to be removed from class more frequently and miss out on more instructional time. The report calls on the U.S. Department of Education to provide resources to school districts to help them make their dress code policies more equitable.
Data from the U.S. Department of Education’s Office for Civil Rights has long shown that students of color are disproportionally disciplined, and not just for dress code issues.
In an email statement to U.S. News, the department said it will evaluate “effective ways to share information with school communities regarding ways to fulfill students’ civil rights on this important issue.”
Who Do Dress Codes Target?
In 2020, two Black students in Houston were suspended when school administrators determined their hair, which they wore in dreadlocks, did not comply with the school’s grooming policy, Houston Public Media reported. Policies on hairstyles are often included in school dress codes.
A group of high school track athletes in Albany, New York, were removed from practice in May for wearing sports bras and no shirts. The male athletes on their team were allowed to go shirtless, the Albany Times Union reports. The athletes were then suspended from school when they launched an online petition about gender bias in the school’s dress code.
GAO estimated that 93% of school districts have some kind of dress code or policy, though not all of them are considered “strict.” More than 90% of those rules prohibit clothing typically worn by female students: items such as “halter or strapless tops,” “skirts or shorts shorter than mid-thigh,” and “yoga pants or any type of skin tight attire,” the report says. Meanwhile, it found that only 69% of districts were as likely to prohibit male students for wearing similar clothing, like a “muscle shirt.”
These policies tend to sexualize female students, says Faith Cardillo, a senior at Union High School in New Jersey.
“There can’t be any skin showing,” she says. “It’s very one-sided and very sexist, to say the least, no matter what. The reasoning that they usually give is so that way you’re not distracting anyone.”
The GAO report also found that about 60 percent of dress codes require staff members to measure students’ bodies and clothing to make sure they comply, which can involve adults touching students, GAO reported. “Consequently, students, particularly girls, may feel less safe at school,” the report states.
Financially, dress codes can also be a challenge for low-income families, especially if they’re required to buy specific clothes to adhere to a uniform.
However, income disparities are also among the reasons some schools put dress codes in place. Uniform policies can help to disguise “the haves and have-nots,” says David Verta, principal at Hammond Central High School in Indiana.
Other policies significantly affect students of minority racial or cultural groups, the report found. For example, more than 80% of districts ban head coverings such as hats, bandanas and scarves, while only about one-third say they allow religious exemptions and “a few” allow for cultural or medical exemptions.
“Are we actually targeting clothing, or is this specific to targeting a student’s identity?” Mauldin says. “Because if we’re targeting student’s identities, then we’re sending a message that you don’t belong here and you’re disrupting the space simply by being, and that’s not the message that we want to send to students, especially if schools are supposed to be these places of learning and joy and belonging.”
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What Student and Parents Can Do
Under federal law, dress codes cannot be explicitly discriminatory. While dress codes may specify acceptable types of attire, they cannot differ “based on students’ gender, race, religion or other protected characteristics,” according to the American Civil Liberties Union, citing civil rights law and the U.S. Constitution’s equal protection guarantee. For example, public schools cannot dictate that male students can’t wear a skirt, or female students can’t wear a suit and tie, if one is confirmed acceptable for the other.
The ACLU advocates for students to be allowed to wear clothing that’s consistent with their gender identity and expression. Gender identity is protected under Title IX, which prohibits sex-based discrimination in schools. In June 2021, the Education Department’s Office for Civil Rights confirmed that sex-based discrimination includes discrimination based on sexual orientation or gender identity.
Parents should closely examine the school’s dress code policy and immediately voice any concerns they have with school or district administrators, says Lydia McNeiley, a college and career coach for the School City of Hammond in Indiana.
“Educators are human and we are learning and making changes, but we have to learn from families if there is something we are missing,” she says. “We want students to feel comfortable and happy to be in school.”
Student voice is key to effecting change and first-hand stories can help, McNeiley says.
One avenue for student advocacy is social media. “Platforms like TikTok and Instagram allow youth to raise awareness around issues in their schools and community,” Mauldin says. “This often gets the attention of school and district leaders.”
What Schools Can Do
If dress code issues arise in a classroom, educators should handle them discreetly so as not to embarrass a student, says McNeiley, who was previously a middle school counselor. She says doing this goes a long way in building positive relationships with students.
Often teachers are simply following their school’s policy so as to do their job. But Mauldin challenges educators to question the status quo and think critically about how their school’s dress codes could be problematic. She says administrators should regularly audit their discipline data and see if it reveals any trends of unconscious bias related to race and dress code.
Cardillo says schools and parents should also prioritize educating students at the elementary and middle school levels about boundaries and how to look at their peers respectfully without sexualizing them.
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School administrators need to listen to their students and adapt to the changing environment around them, Mauldin says. She notes that formal dress is becoming less a part of work culture than it was years ago, with many jobs offering work from home options.
That was part of the discussion that led to a dress code overhaul in the School City of Hammond, a public school district with nearly 90% students of color. Prior to the pandemic, students were required to wear uniforms: khaki pants and either a white or blue collared shirt. Now, the dress code focuses less on restrictions. Students and staff are now “responsible for managing their own personal ‘distractions’ without regulating individual students’ clothing/self-expression.”
The new policy, implemented prior to the 2022-2023 academic year, allows students to wear clothing that is comfortable and expresses their self-identified gender. Students can wear religious attire “without fear of discipline or discrimination,” it states.
“Some kids were not happy just because they had to figure out what to wear. It was so easy for them just to put on the khaki pants and a polo,” says Verta, whose school is in the School City of Hammond district. “But overall, I think our kids are a lot happier now without it.”
It’s a policy that McNeiley says she’s proud of and hopes other districts can use as a model.
“In general, in education, there has to be some kind of common sense,” she says. “Because at the end of the day, you have to go back to the students … (and do) what’s best for them.”
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Why School Dress Codes Are Often Unfair originally appeared on usnews.com
